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Mel Gibson was arrested on suspicion of driving under the influence (DUI) of alcohol after being stopped for speeding (87 mph/140 km/h in a 45 mph/72 km/h zone) on Pacific Coast Highway in Malibu, California, on July 28, 2006, at 2:36am PDT. A breathalyzer test measured Gibson’s blood-alcohol level as "0.12%" (the state's legal limit is 0.08%), and next to him was an open container of Tequila, which was three-quarters full. Gibson was described by the arresting officer James Mee as co-operative until arrested, at which point he became belligerent and experienced mood swings. While handcuffed in the car, Gibson made antisemitic remarks to Mee, who is Jewish, saying "Fucking Jews...the Jews are responsible for all the wars in the world." Gibson was released on bail at 9 am PDT. TMZ broke the story of Gibson's arrest for DUI on July 28 at 7 pm PDT and later that night posted photocopies of an unofficial arrest report. The next day Gibson confessed to driving under the influence and to "despicable" behavior during his arrest and a frenzy of media coverage followed.

Arrest

On the 28 July 2006, Mel Gibson was arrested while driving a 2006 Lexus LS 430 on the Pacific Coast Highway in Malibu, California and charged with driving under the influence at 87 miles per hour in a 45-mph zone. He was stopped by members of the Los Angeles County Sheriff's Department, who administered a breath test measuring his blood alcohol content as being 0.12%, 1.5 times the legal limit of 0.08%. During the arrest, he was uncooperative and made anti-Semitic remarks to the arresting officers. His bail was set at $5,000 and he was released.

Later that evening, a four-page portion of an allegedly redacted or suppressed police report was posted on the entertainment website TMZ.com and later online at Slate.com.) The report is purported to be part an original written by the arresting officer, Deputy James Mee, before he was allegedly instructed by his superiors to omit details about Gibson's anti-Semitic comments and abusive behavior. The leaked police report indicates that Gibson asked one officer if he was Jewish and stated, "Fucking Jews...the Jews are responsible for all the wars in the world." The report further alleges that Gibson refused to be transported to the police station and had to be restrained. According to the report, Gibson's blood alcohol content was measured at 0.12% (the legal blood alcohol level limit for driving in California is 0.08%). TMZ also reported allegations that were not found in the four-page police report, including that Gibson continued his tirade at the police station, where he was videotaped asking a female officer, "What are you looking at, sugartits?" and that he attempted to urinate on the floor. TMZ later alleged that Gibson has been stopped twice before in Malibu for reckless driving but was released without a citation. and in 2010, TMZ's Harvey Levin said that Gibson's first statement to the arresting officer was about his wife.

Confession and general apology

Gibson responded to the TMZ.com report on July 29, 2006 by admitting to "belligerent behavior" and "despicable" remarks, and also apologized to the sheriff's deputies and everyone else he offended Gibson's publicist announced that Gibson entered an out-patient addiction recovery program leading to criticism that he had not entered a residential program. An unnamed source from Gibson's inner circle claimed that Gibson was on the verge of suicide the night of his arrest and was experiencing blackouts. Mainstream media coverage of the Gibson’s alleged behavior during the DUI arrest began soon after the release of his apology to the Sheriff’s deputies, and it was featured on the front page of several tabloids, including The New York Post; many of these carried headlines along the lines of "Mad Mel" (a reference to Gibson's Mad Max film). Abraham Foxman of the Anti-Defamation League issued a press release stating that Gibson's apology (with no explicit acknowledgment of anti-semitic remarks) was "unremorseful and insufficient" and that the ADL hoped "that Hollywood now would realize the bigot in their midst and that they will distance themselves from this anti-Semite."

Apology to the Jewish community

On August 1, 2006 Gibson specifically apologized for his anti-Semitic remarks and asked to meet with leaders of the Jewish community to affect healing.}} Abraham Foxman accepted his apology on behalf of the ADL, and Holocaust survivor Flory Van Beek extended her forgiveness.

Allegation of remark to female officer and subsequent denial

In its June 28, 2006 story, TMZ.com reported that Gibson asked an unidentified female sergeant at the station, "What are you looking at, sugar tits?", citing an unnamed law enforcement source. However, this allegation was not found in the accompanying report by arresting officer James Mee. In his 2006 interview with Diane Sawyer, Gibson remained silent after Sawyer read the alleged "sugar tits" quotation, while Gibson responded saying "that came out of my mouth," after hearing the quotation "Jews are responsible for all the wars in the world." The next day, TMZ.com reported the Gibson denial and did not defend their original story.

Response

Media coverage

In the summer of 2006, Mel Gibson's arrest and his subsequent apologies sparked a flurry of media reporting and commentary at a time when the major news story was the 2006 Israel-Hezbollah War, in its 17th day at the time of the DUI incident. Media figures debated the appropriate response to Gibson's alleged remarks and whether those remarks proved bigotry. Some members of the media expressed dismay that the coverage of Gibson's DUI arrest had become excessive.

Commentators offered differing opinions on the effects of alcohol and the disease of alcoholism in relation to remarks made while intoxicated. On the MSNBC program Scarborough Country, show producer Mike Yarvitz drank to raise his blood alcohol level to 0.12, matching Gibson's level in the report. Yarvitz emphasized "not feeling anti-Semitic" after drinking. Washington Post columnist Eugene Robinson wrote, "Well, I'm sorry about his relapse, but I just don't buy the idea that a little tequila, or even a lot of tequila, can somehow turn an unbiased person into a raging anti-Semite - or a racist, or a homophobe, or a bigot of any kind, for that matter. Alcohol removes inhibitions, allowing all kinds of opinions to escape uncensored. But you can't blame alcohol for forming and nurturing those opinions in the first place." John Derbyshire, a critic of The Passion of the Christ, wrote in the National Review, "As little as I care for Mel and his splatter-fest Brit-hating oeuvre, though, I care even less for the schoolmarmish, prissy, squealing, skirt-clutching, sissified, feminized, pansified, preening moral vanity of the vile and anti-human Political Correctness cult." He went on to write, "The guy was drunk, for heaven's sake. We all say and do dumb things when we are drunk. If I were to be judged on my drunken escapades and follies, I should be utterly excluded from polite society, and so would you, unless you are some kind of saint." David Horowitz on the August 1 edition of Fox News' Hannity & Colmes said "People deserve compassion when they're in this kind of trouble. I think it would be very ungracious for people to deny it to him." Radio host Michael Medved, a strong supporter of The Passion of the Christ, expressed humiliation at Gibson's anti-Semitic rant and condemned it. Nevertheless, Medved suggested reconciliation between the Jewish community and Gibson was preferable to shunning Gibson.

The media also sought out the opinions of medical specialists on whether alcohol released a person’s true feelings. According to addiction psychologist G. Alan Marlatt, "Alcohol is not a truth serum…It may or may not indicate his true feelings." Addiction psychiatrist Bryon Adinoff stated "Clearly, Jews are on his mind. He made The Passion of the Christ, and many reacted negatively to how Jews were depicted. Now we have a war going on in the Middle East. It's something that's on his mind, or it probably wouldn't come out when he had some alcohol.” According to psychologist William Iacono, the remarks attributed to Gibson "could reflect pent-up frustration and anger at how his life has changed since he made the movie. People can lash out when they're drunk, and we don't know how deeply they believe what they're saying." Addiction specialist Dr. Drew Pinsky also disagreed with the notion of alcohol as a "truth serum", saying "even when they are mildly intoxicated, if somebody is truly an addict...the thinking associated with addiction is profoundly affected."

Some commentors asserted that the media coverage of Gibson's DUI arrest was unbalanced or excessive. Boston Globe columnist Jeff Jacoby noted the large disparity in media coverage between the Gibson DUI arrest and a more serious anti-Semitic incident that occurred on the same day, the deadly Seattle Jewish Federation shooting.

A Fox News poll reported on August 11, 2006, that a large number of Americans would not allow the incident to affect their decision about whether to watch Gibson's future movies, reporting "eight out of 10 people say his arrest and negative comments about Jewish people will not make a difference to them," while 10% "probably" and 6% "definitely" would not attend Gibson's future movies.

Hollywood and celebrity reactions

The public reaction from Hollywood was mixed and muted, with a few critics denouncing Gibson in the press and Gibson’s friends and co-workers supporting him. After the incident, ABC canceled a planned television mini-series about Holocaust survivor Flory Van Beek to be produced by Gibson's Icon Productions, citing lack of progress.

On July 30, 2006, Endeavor Agency founder Ari Emanuel wrote an open letter to the Hollywood community to blacklist ICM-represented Mel Gibson. Emanuel blogged on the Huffington Post, "People in the entertainment community, whether Jew or gentile, need to demonstrate that they understand how much is at stake in this by professionally shunning Mel Gibson and refusing to work with him, even if it means a sacrifice to their bottom line." This letter inspired a number of responses. In an August 2 blog on Huffington Post, Harry Shearer criticized the hypocrisy of Hollywood agents "lecturing us about there being more important things than money," writing that while he is not defending Mel Gibson, "to be absolutely honest, in my slight dealings with him, I've found him more pleasant and less upsetting than certain persons on the other side of this discussion." On August 4, Gavin de Becker wrote an open letter to Ari Emanuel in the Hollywood Reporter to chide him for exploiting Gibson's situation to inflame political sentiment. He also wrote, "After thirty years of predicting intent through assessing words and context, I can tell you if we start taking the things people say when very drunk or very high or very angry as their enduring truth, we're all going to have to reassess many relationships… A list of people who can't work in this town based on what someone assumes they believe - didn't Hollywood already suffer that experience?" Radio personality Howard Stern called Gibson "a filthy anti-Semite" and was critical of The Passion Of The Christ though he admitted to loving Apocalypto on DVD.

A few other celebrities expressed opinions on Mel Gibson after his DUI arrest. Comedian Bill Maher wrote that while he thinks that Gibson fights within himself against anti-Semitism, "he'll never win as long as he's so religious, because, I hate to tell you, the disease isn't alcholism , the disease is religion." Maher also argued that the whole world is like Gibson (harboring latent anti-Semitism) when it comes to Israel and its war with Lebanon. On August 3, Rob Schneider took out a full-page ad in Variety to send an open letter to the Hollywood community, pledging as "a ½ Jew" to "never work with Mel Gibson-actor-director-producer and anti-Semite." He further wrote that "even if Mr. Gibson offered me a lead role in 'Passion of the Christ 2', I, like Bernie Brillstein, would have to say 'No!'" Schneider also used the ad mention his upcoming directorial debut, Big Stan, writing that he would not even cast Gibson in the part of a Nazi gang leader "which apparently Mel would be PERRR-FECT for." In 2008, Schneider described his ad as "a comedic, satirical view of how I saw the situation with Mel Gibson, and also the hypocrisy of show business when they're all standing in line to say what a bad person he is when they're all a bunch of hypocritical assholes." Rob Reiner said that Gibson’s apology for his drunken remarks was not enough and that he needed to apologize for The Passion of the Christ, saying “his work reflects anti-Semitism.” During an interview with Celebrity Week in October 2006, Joan Rivers said that Mel Gibson "is an anti-Semitic son of a bitch. He should fucking die!”

Several close friends and associates in Hollywood have come out to publicly defend Gibson, including Patrick Swayze, Jodie Foster and M. Night Shyamalan. Producer Dean Devlin described Gibson as "one of his best friends in Hollywood" and said that Gibson had spent the afternoon before the DUI arrest at Devlin's home. Concerning Gibson’s alcoholism, Devlin remarked, "I have been with Mel when he has fallen off, and he becomes a completely different person. It is pretty horrifying." Noting that he and his wife are Jewish, Devlin said, "If Mel is an anti-Semite, then he spends a lot of time with us, which makes no sense." Robert Downey Jr, who is Jewish on his father's side and has publicly defended Gibson during the controversy surrounding The Passion of the Christ, argued Gibson was "caught in the act of being an imperfect human being." Jodie Foster has bristled at accusations in the media that Gibson used alcoholism to dodge charges of racism, saying "This is a man who almost died. He's not some guy who went to rehab because he got a traffic ticket." Director Richard Donner, who has worked with Gibson in six films and is Jewish, said that he had never heard him say anything anti-Semitic and that "in all of us there are seeds that have been implanted by others. He’s crying out for help."

Charge, plea and sentencing

On August 2, 2006, Mel Gibson was formally charged with misdemeanor drunken driving, setting an arraignment date of September 28. On August 18, 2006, Gibson's attorney, on his client's behalf, entered a plea of no contest to one count of driving while having a blood alcohol content higher than .08. The other charges were dropped. Judge Lawrence Mira sentenced Gibson to three years probation, 4½ months of Alcoholics Anonymous meetings 5 times a week, followed by 7½ months of meetings 3 times a week. Gibson also volunteered to do public-service announcements on the hazards of drinking and driving, and to immediately enter rehabilitation. He was also ordered to enroll in an alcohol-abuse program for three months, fined a total of $1,300 and had his license restricted for 90 days. At a May 2007 progress hearing, Judge Mira praised Gibson for complying with the terms of his probation, saying, "I know his extensive participation in a self-help program - and I should note he has done extensive work, beyond which was required." On October 6, 2009, Los Angeles County Superior Court Judge Lawrence Mira approved an expungement for Gibson after he completed his probation sentence of three years.

Aftermath

Diane Sawyer interview with Gibson

On October 13, 2006, Gibson told Diane Sawyer that he was "ashamed" of his remarks, and that while his initial attitude was that they were just "the stupid ramblings of a drunkard," he came to realize that his words had actually frightened people. Gibson stated that 3 concerns may have led to his remarks: 1) the 2006 war in Lebanon which was in its 17th day 2) the general level of escalating violence in the Middle East as relating to Israel 3) those Jewish individuals who gave him a "brutal sort of public beating" over the making of The Passion of the Christ where he never heard a "single word of apology". When questioned about the influence of his father, Holocaust denier Hutton Gibson, Gibson stated:

We're talking about me right now. And me taking responsibility for my words and actions. And … I'm certainly not going to use him, to sort of put anything off of me. It isn't the explanation for what happened that night. It isn't. It has nothing to do with it. … That's in my own heart.

Change to California law

As a result of the circumstances surrounding Gibson’s arrest, Assemblywoman Julia Brownley, D-Santa Monica, proposed legislation ("Mel's Law") that would criminalize the sale of privileged information pertaining to the arrests of high-profile suspects. The lawmaker argued that Mel Gibson's due process rights were violated by the unauthorized leak of prejudicial allegations before he had received due process. Bill AB920 was approved unanimously by both the California state assembly in May 2007 and the state senate in September 2007, and the bill was signed into law by the governor in October 2007

Investigation into allegations of special treatment

The Los Angeles County Sheriff's Department's civilian oversight Office of Independent Review opened an investigation into whether Gibson received special treatment due to his celebrity status and examine how the officer's internal report was leaked to TMZ.com. Watchdog lawyer Michael Gennaco said an initial probe showed sheriffs did not give Gibson favorable treatment. The Office of Independent Review considered how the arrest of celebrities highlighted the issue of privacy rights of individuals versus the public's interest in arrests by deputies. In the case of Gibson's arrest, their annual report examined the allegations that the Department had improperly sought to keep his alleged inflammatory statements from review by altering the original police report. The investigation concluded that the unit commander had acted appropriately in placing the remarks attributed to Gibson in a supplemental report for the District Attorney’s office, and that his decision was not suggested or influenced by his superiors. The OIR found that the standard release protocol was not followed with Gibson because he was not required to give his palm print or sign a statement promising to appear in court. Furthermore, his supervisors were found to have violated department policy in driving Gibson to the tow yard without consulting the watch commander. The same investigation looked into alleged lack of professionalism at the station for non-essential employees entering the holding area to view Gibson while he was in custody. The investigation did not produce sufficient evidence to establish these charges.

Investigation of leak and lawsuit by James Mee

Arresting Officer James Mee was the target of the LASD investigation of the leak to TMZ, and the prosecutor who reviewed the case found that only three sheriff’s employees had access to the information by the time it was released, including a sergeant and lieutenant who oversaw Mee’s reports on the arrest. Records obtained by investigators showed that there were calls between Mee’s residence and TMZ’s founder, Harvey Levin, but that it was impossible to say who made the calls on Mee’s end of the line. No improper payments to Mee, his wife or daughter were found. In 2009, prosecutors declined to press charges against Mee for illegally leaking the Gibson arrest report to TMZ, citing lack of proof. On September 7, 2010, arresting officer James Mee sued the county of Los Angeles for religious discrimination and retaliation, citing that the plaintiff was "personally humiliated and has become mentally upset, distressed and aggravated" and seeking general damages for emotional distress and mental suffering and claiming losses including "loss of income, benefits and medical expenses," attorney's fees and cost of the suit.

Notes and references

1. "Mel Gibson 'in anti-Semitic rant' after drink drive arrest". Daily Mail. July 29, 2006.
2. WorldNetDaily: time of arrest/release, Mel Gibson DUI bust, 28-Jul-2006,WorldNetDaily-DUI
3. LA Times: transcript of verified original police report, LA-Times-transcript
4. ^ New York Times July 30, 2006
5. "Mel Gibson apologizes after DUI arrest". Associated Press. 2006-07-31. Retrieved 2006-08-03.
6. "Mel Gibson arrested for drink driving". Daily Mail. July 29, 2006.
7. "Gibson charged with drink-driving". BBC. 2006-07-28.
8. http://www.slate.com/id/2146842/entry/2146843/
9. ^ "Gibson's Anti-Semitic Tirade -- Alleged Cover Up". tmz.com. AOL. Retrieved 2006-07-29. Cite error: The named reference "tmzcover" was defined multiple times with different content (see the help page).
10. Gibson Skated Twice Before
11. Levin, Harvey (2010-07-01). "TMZ Live: Mel, Britney and Kelsey Grammer". TMZ.com. Retrieved 2010-09-06. With the DUI, what she said to him was, if you do anything again that will be bad before their child was getting married, she said that was it. And that's why the first thing Mel said to the cop was 'I'm screwed with my wife.' That was the first thing he said.
12. Mel Gibson's Statement on His DUI Arrest
13. "EXCLUSIVE: MEL IN RECOVERY PROGRAM". Star Magazine. July 31, 2006. Retrieved 2006-09-03. {{cite magazine}}: Cite magazine requires |magazine= (help); Text "article" ignored (help)
14. "Mel Gibson's Rehab Choice Raises Questions". Associated Press through CBS News. August 3, 2006. Archived from the original on August 13, 2006. Retrieved 2006-09-03.
15. Finke, Nikki (2006-07-31). "Mel Gibson Was 'Really On The Verge Of Suicide' Before His DUI Arrest; 'This Was A Death Wish'". DeadlineHollywoodDaily.com. Retrieved 2006-08-03.
16. "ADL Says Mel Gibson's Anti-Semitic Tirade Reveals His True Self; Actor's Apology 'Not Good Enough'". Anti-Defamation League. 2006-07-31.
17. ^ Gibson's statement about anti-Semitic remarks
18. "ADL Welcomes Mel Gibson's Apology To The Jewish Community". Anti-Defamation League. 2006-08-01. Retrieved 2006-08-03.
19. Stephen M. Silverman (2006-10-12). "Mel Gibson Admits He Drank After Arrest". Retrieved 2009-06-04.
20. "Mel Gibson -- I Never Said "Sugar T**s"". 2009-02-23. Retrieved 2009-06-04.
21. Booze and Bigotry: Mel Gibson: It Wasn't Just the Tequila Talking August 1, 2006
22. July Diary August 2, 2006
23. Conservative media figures jumping to Mel Gibson's defense Aug 2, 2006
24. Reconciliation should follow Mel's Malibu meltdown Aug 2, 2006
25. ^ Marilyn Elias (2006-07-31). "Alcohol loosens tongue, but only Gibson knows true feelings". USA Today. Retrieved 2008-08-03.
26. "Mel Gibson`s Legal Mess; Can Mel Atone?" Showbiz Tonight Transcript, August 2, 2006
27. Video: Tucker talks to Dr. Drew Pinsky about addiction and rehabilitation
28. A tale of 2 stories about anti-Semitism, August 6, 2006
29. FOX Poll: Gibson Still OK for Many Americans 11-Aug-2006
30. "Hollywood reacts to Gibson furore". BBC. 2006-08-01.
31. Gumbel, Andrew (2006-08-01). "Mel Gibson: How a Hollywood hero lost the plot". The Belfast Telegraph. Retrieved 2006-08-03.
32. "The Bottom Line on Mel Gibson's Anti-Semitic Remarks" by Ari Emanuel, July 30, 2006
33. http://www.huffingtonpost.com/harry-shearer/when-you-want-moral-leade_b_26338.html "When You Want Moral Leadership, Call an Agent" by Harry Shearer, August 2, 2006
34. "Gavin de Becker Gives Ari Emanuel the Gift of Rhetorical Whoop-ass" August 4, 2006
35. http://www.howardstern.com/rundown.hs?d=1221451200#12585
36. The World IS Mel Gibson August 2, 2006
37. Schneider, Rob; "Rob Schneider Takes On Mel Gibson To Plug New Movie In 'Variety"; defamer.com, August 3, 2006
38. Fanning, Evan (2008-08-17). "The day I messed it up with the Zohan". The Irish Independent. Retrieved 2008-08-17.
39. "Actor-producer asks director to admit his masterwork is anti-Semitic". Associated Press. 2006-08-25. Retrieved 2006-08-03.
40. “Joan Rivers: Mel Gibson Should Die” October 13, 2006
41. Mel Gibson's New 'Passion' Is Robert Downey Jr. October 14, 2003
42. Mel Gibson’s friends start to come out of shadows Aug 5, 2006
43. Producer Devlin Defends Gibson August 06, 2006
44. Robert Downey Jr. Stands by Mel Gibson February 7, 2007
45. http://www.ew.com/ew/article/0,,20054140,00.html "Jodie Foster: Unbreakable" By Karen Valby
46. Weiner, Allison Hope (2006-08-02). "Mel Gibson Seeks Forgiveness from Jews". New York Times.
47. Mel Gibson pleads no contest in DUI case, Aug 17, 2006, CNN
48. Mel Gibson Pleads No Contest in DUI Case August 17, 2006
49. Mel Gibson Praised for Progress in Alcohol Rehab May 12, 2007
50. Mel Gibson Gets an Expungement October 6, 2009
51. Mel Gibson Addresses Accusations of Anti-Semitism Oct. 13, 2006
52. Mel Gibson scandal prompts Calif. law against chequebook journalism May 24, 2007
53. "Mel Lawmakers approve bills related to bullets, gas prices". Associated Press. 2007-09-11. Retrieved 2007-09-13.
54. "Mel Governor to sign five new laws aimed at fighting gang violence". Los Angeles Times. 2007-10-11. Retrieved 2007-10-11.
55. Winton, Richard; Blankstein, Andrew; and Garvey, Megan (2006-08-02). "Gibson Arrest Probe Centers on Why Information Was Withheld". Los Angeles Times. {{cite news}}: |access-date= requires |url= (help)CS1 maint: multiple names: authors list (link)
56. "Gibson arrest 'handled correctly'". BBC. 2006-08-02. Retrieved 2006-08-03.
57. http://www.aolcdn.com/tmz_documents/1220_gibson_wm_01.pdf Office of Independent Review Annual Report, L.A. County Sheriff’s Department
58. "No charges over Mel Gibson DUI report leaks". The Associated Press. 2009-10-07. Retrieved 2010-09-08.
59. "Officer Claims Discrimination in Wake of Mel Gibson's '06 DUI Arrest". The Insider. 2010-09-08. Retrieved 2010-09-08.

• Antisemitic attacks and incidents
• 2006 crimes in the United States